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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
genetic counselors; board; licensure
Purpose
Establishes the Board of Genetic Counselors (Board) to license, regulate and adopt standards for genetic counselors. Requires a person who wishes to practice genetic counseling, on completion of Board rulemaking and no later than October 1, 2026, to be licensed in Arizona.
Background
Genetic counselors provide information about how a genetic condition could affect an individual or family and interpret genetic tests designed to help estimate the risk of a disease, as well as convey information to address the concerns of the individual or family, help them make an informed decision about their medical situation and provide psychological counseling to help them adapt to their condition or risk (National Human Genome Research Institute). Genetic counselors have specialized graduate training in medical genetics and counseling through programs that are accredited by the Accreditation Council for Genetic Counseling (ACGC).
On October 18, 2023, a sunrise application was submitted for the
licensure of genetic counselors (Sunrise
Application). A health professional group seeking regulation or increase in
scope of practice must submit a written report (sunrise application) by
November 1 to the President of the Senate and the Speaker of the House of
Representatives that addresses: 1) why regulation is necessary; 2) the efforts
made to address the problem; 3) the alternatives considered; 4) the benefit to
the public if regulation is granted; 5) the extent to which regulation might
harm the public;
6) the maintenance of standards; 7) a description of the health professional
group proposed for regulation; and 8) the expected costs of regulation (A.R.S.
§ 32-3105).
If the establishment of the Board as a 90/10 board changes revenues to the state General Fund, there may be a fiscal impact.
Provisions
Establishment of the Board
1. Establishes the Board consisting of the following members who are appointed by the Governor:
a) five genetic counselors who hold active certification in good standing with the American Board of Genetic Counseling and, beginning January 1, 2028, who hold an active license with the Board and who have not previously been subject to disciplinary action as a health professional in Arizona or any other jurisdiction;
b) two public members;
c) one physician who is actively engaged in the practice of medicine, who is licensed by the Arizona Medical Board and who interacts professionally with genetic counselors; and
d) one physician who is actively engaged in the practice of medicine, who is licensed by the Arizona Board of Osteopathic Examiners in Medicine and Surgery and who interacts professionally with genetic counselors.
2. Allows the Governor to seek input and nominations for genetic counselor Board member candidates before making an appointment.
3. Requires a prospective member of the Board, before appointment by the Governor, to submit a full set of fingerprints to the Governor for the purpose of obtaining a state and federal criminal records check in accordance with state and federal law.
4. Allows the Department of Public Safety to exchange this fingerprint data with the Federal Bureau of Investigation.
5. Sets the term of office of members of the Board at four years to begin and end on September 1.
6. States that each Board member is eligible for appointment to no more than two full terms, except that the term of office for a member who is appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term.
7. Allows the Governor to reappoint the member appoint to fill an unexpired term to no more than two additional full terms.
8. Allows each Board member to continue to hold office until the appointment and qualification of that member's successor.
9. Allows the Governor to remove a Board member after notice and a hearing on a finding of malfeasance, misfeasance or incompetence in office, unprofessional or dishonorable conduct in office or unprofessional or dishonorable conduct.
10. States that a Board member's violation of right of conscience requirements is grounds for removal from the Board.
11. Requires the Governor to appoint a qualified replacement to fill a vacant position for the unexpired portion of the term.
12. States that a Board member's term automatically ends:
a) on written resignation submitted to the Board chairperson or to the Governor;
b) if the Board member is absent from Arizona for more than six months during a one-year period;
c) if the Board member fails to attend three consecutive regular Board meetings; or
d) five years after retirement from active practice, if applicable.
13. Grants Board members immunity from civil liability for all good faith actions taken in accordance with statute.
14. States that Board members are eligible to receive compensation in the amount of $200 for each day of actual service in the business of the Board and for all expenses necessary and properly incurred in attending Board meetings.
Powers and Duties of the Board
15. Requires the Board to:
a) as its primary duty, protect the public from unlawful, incompetent, unqualified, impaired or unprofessional genetic counselors;
b) license and regulate genetic counselors in accordance with statute and exercise its authority to license and regulate genetic counselors, including rulemaking authority, consistent with the right of conscience requirements;
c) by rule:
i. define and describe the duties and limits of the practice of genetic counseling consistent with statute;
ii. adopt standards with respect to the practice of genetic counseling that are designed to safeguard the health and safety of patients;
iii. establish criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of patients; and
iv. establish application and licensing fees in accordance with statute;
d) order and evaluate physical, psychological, psychiatric and competency testing of licensees and applicants as the Board determines necessary to enforce statute;
e) review the credentials and the abilities of applicants for licensure whose professional records or physical or mental capabilities may not meet the requirements of statute;
f) initiate investigations and determine on the Board's own motion whether a licensee has engaged in unprofessional conduct or is or may be incompetent or mentally or physically unable to safely practice genetic counseling;
g) engage in the full exchange of information with the licensing and disciplinary boards and professional associations of other states and jurisdictions of the United States and foreign countries and with a statewide association for genetic counselors;
h) direct the preparation and circulation of educational materials the Board determines are helpful and proper for licensees; and
i) discipline and rehabilitate genetic counselors in accordance with statute.
16. Requires the Board to hold at least one regular meeting each year.
17. Allows the Board to hold additional meetings as determined necessary to carry out the functions of the Board.
18. Requires the Board to annually elect from the membership a chairperson and vice chairperson.
19. Allows the vice chairperson to call regular meetings and special meetings if the chairperson is not available.
20. Allows the Board to delegate to the Board Director the Board's authority in accordance with statute.
21. Requires the Board to adopt a substantive policy statement for each specific licensing and regulatory authority the Board delegates to the Board Director.
22. Allows the Board to adopt rules necessary to properly administer and enforce the genetic counselors regulatory statutes.
23. Allows the chairperson to establish subcommittees consisting of Board members and define their duties as the chairperson deems necessary to carry out the functions of the Board.
24. Grants Board employees, including the Board Director, temporary personnel and professional medical investigators, immunity from civil liability for good faith actions they take to enforce the genetic counselors regulatory statutes.
25. Allows the Board, in performing its powers and duties, to receive and review staff reports on complaints, malpractice cases and all investigations.
26. Requires the Board to maintain an online directory of licensed genetic counselors.
Powers and Duties of the Board Director
27. Designates the Executive Director of the Arizona Board of Osteopathic Examiners in Medicine and Surgery as the Board Director.
28. Requires the staff of the Arizona Board of Osteopathic Examiners in Medicine and Surgery to carry out the administrative responsibilities of the Board.
29. States that the Board Director is eligible to receive compensation set by the Board within the range determined by the Arizona Department of Administration (ADOA).
30. Requires the Board Director or the Board Director's designee to:
a) employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the Board;
b) set compensation for Board employees within the range determined by ADOA;
c) as directed by the Board, prepare and submit recommendations for amendments to the genetic counselors regulatory statutes for consideration by the Legislature;
d) appoint and employ consultants and agents necessary to conduct investigations, gather information and perform those duties the Board Director determines are necessary and appropriate to enforce the genetic counselors regulatory statutes;
e) issue licenses to applicants who meet the licensing requirements;
f) manage the Board's offices;
g) prepare minutes, records, reports, registries, directories, books and newsletters and record all Board transactions and orders;
h) collect all monies due and payable to the Board;
i) pay all bills for authorized expenditures of the Board and its staff;
j) prepare an annual budget;
k) submit a copy of the budget each year to the Governor, the President of the Senate and the Speaker of the House of Representatives;
l) initiate an investigation if evidence appears to demonstrate that a genetic counselor may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice as a genetic counselor;
m) issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence;
n) provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the Board;
o) enter into contracts to procure goods and services that are necessary to carry out Board policies and directives;
p) execute Board directives;
q) represent the Board in matters with the federal government, other states or jurisdictions of the United States, the State of Arizona, political subdivisions of Arizona, the news media and the public;
r) enter into stipulated agreements on behalf of the Board with persons under the jurisdiction of the Board for the treatment, rehabilitation or monitoring of chemical substance abuse or misuse;
s) review all complaints filed in accordance with statute; and
t) perform all other administrative, licensing and regulatory duties delegated and required by the Board.
31. Allows the Board Director, if delegated by the Board, to dismiss a complaint if the complaint is without merit.
32. States that appointed consultants and agents by the Board Director are eligible to receive compensation determined by the Board Director in an amount of no more than $200 for each day of service.
Genetic Counselor License
33. Prohibits a person from acting as a genetic counselor without being licensed by the Board.
34. States the genetic counselor licensure requirement does not apply to any of the following:
a) a person who is licensed in Arizona as a physician or who is licensed to practice in a health care profession other than that of a genetic counselor when acting within the scope of the person's profession and doing work of a nature consistent with the person's training, except that this person may not claim to be a genetic counselor;
b) a person who is employed as a genetic counselor by the federal government or a federal agency if the person provides genetic counseling services solely under the direction and control of the entity by which the person is employed;
c) a genetic counseling intern if the genetic counseling services performed by the genetic counseling intern are an integral part of the genetic counseling intern's course of study and are performed under the direct supervision of a genetic counselor who is assigned to supervise the genetic counseling intern and who is on duty and available in the assigned patient care area; or
d) a visiting genetic counselor who holds a certification, who is from another state, who performs activities and services for a period of less than 30 days each year and who must be licensed or registered in the state of the person's residence if licensure or registration is available.
Licensure Application, Reciprocity and Renewal
35. Requires a person who wishes to practice genetic counseling in Arizona, on completion of rulemaking and no later than October 1, 2026, to be licensed by the Board.
36. Requires a person who was practicing genetic counseling on the effective date to apply to the Board for licensure by January 1, 2028.
37. Requires an applicant for genetic counselor licensure to submit to the Board:
a) an application prescribed by the Board;
b) the fee established by the Board; and
c) satisfactory evidence of having current certification.
38. Requires the Board to grant a genetic counselor license to a person who meets the qualifications prescribed by statute and the rules adopted by the Board.
39. Allows an applicant to be licensed by the Board as a genetic counselor if the applicant provides adequate documentation to the Board of the applicant's licensure or registration as a genetic counselor under the laws of another state, territory or jurisdiction of the United States and the Board determines the license or registration imposes substantially the same requirements as Arizona.
40. Allows an individual who does not qualify for licensure but who has been practicing genetic counseling in Arizona before the effective date and who has worked in Arizona as a genetic counselor for at least eight years before the effective date to apply to the Board for licensure if the individual submits all of the following to the Board:
a) documentation of a master's or higher degree in medical genetics, genetic counseling or a related field of genetic study from an ACGC accredited program;
b) three letters of recommendation from a physician or genetic counselor, including at least one letter from a genetic counselor who is eligible for licensure by the Board and one letter from a clinical or medical geneticist who is certified by the American Board of Medical Genetics and Genomics, or its successor; and
c) documentation of having completed two and one-half continuing education units in the 12 months immediately preceding the application date.
41. Requires all individuals who submit letters of recommendation to have worked with the applicant in an employment setting within the immediately preceding 10 years and be able to attest to the applicant's competency in providing genetic counseling services.
42. Requires all genetic
counselor licenses, except for provisional licenses, to be issued for a
two-year period on payment of the fee established by the Board.
43. Requires a genetic counselor license to be renewed on filing a renewal application that includes the renewal fee established by the Board and documentation of having completed the number of continuing education units required for certification, prorated for the length of the license.
44. Requires a person to file an application for licensure renewal at least 30 days and no more than 60 days before the date the person's current license expires.
Provisional Licensure
45. Allows the Board to grant a person with active candidate status a provisional license for that person to practice genetic counseling if the person files an application and pays the provisional license fee established by the Board.
46. States that the provisional license is valid for one year after the date of issuance.
47. Allows the provisional license to be extended for one additional year if the applicant fails to obtain certification.
48. States that a provisional license expires automatically on the earliest of the following:
a) issuance of a genetic counselor license;
b) 30 days after the applicant provisional licensee fails to take or pass the next available complete certification examination; or
c) the date printed on the provisional license.
49. Requires an application for extension of a provisional license to be signed by the provisional licensee's qualified supervisor.
50. Requires a provisional licensee to work under the supervision of a qualified supervisor at all times during which the provisional licensee practices genetic counseling.
51. Requires the qualified supervisor and the provisional licensee to complete and maintain a supervision agreement that is signed by the qualified supervisor and the provisional licensee and that is kept on file with both parties.
Disciplinary Actions, Civil Penalties and Violations
52. Allows the Board to deny, suspend or revoke the license of any genetic counselor or any applicant for licensure who:
a) violates any provision the genetic counselor regulatory statutes or the rules adopted by the Board;
b) is convicted of a felony or a misdemeanor involving moral turpitude; or
c) indulges in conduct or a practice that is detrimental to the health or safety of a patient.
53. Prohibits the Board from denying, suspending or revoking the license of any genetic counselor for invoking the genetic counselor's right conscience or for any reason that is inconsistent with the right of conscience requirements.
54. Allows the Board to deny a license without holding a hearing.
55. Allows an applicant to appeal a license denial decision in accordance with the uniform administrative hearing procedures.
56. Requires the Board to conduct a hearing to suspend or revoke any license in accordance with the uniform administrative hearing procedures.
57. Allows the Board, if the Board determines at the conclusion of a hearing that grounds exist to suspend or revoke a license, to do so permanently or for any period of time and under any conditions that the Board deems appropriate.
58. Allows an applicant for licensure or a licensee to appeal the final decision of the Board.
59. Allows the Board, in addition to any other disciplinary action, to assess a civil penalty of no more than $100 for each violation of the genetic counselor regulatory statutes or a rule adopted the Board as determined by a hearing held in accordance with the uniform administrative hearing procedures.
60. States that each day that a violation continues constitutes a separate offense.
61. Allows the Attorney General or the county attorney to bring an action in the name of Arizona to enforce a civil penalty.
62. Requires the action to be filed in the superior court or in justice court in the county where the violation occurred.
63. Allows the Board, in addition to other available remedies, to apply to the superior court for an injunction to restrain a person from violating the genetic counselor regulatory statutes or a rule adopted by the Board.
64. Requires the court to grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond.
65. Allows the person to be served in any county of Arizona.
66. Requires the action to be brought on behalf of the Board by the Attorney General or the county attorney of the county where the violation occurs.
67. Requires a genetic counselor whose license is suspended or revoked or whose surrender of a license with or without prejudice has been accepted by the Board to promptly deliver the license to the Board.
68. Requires a provisional licensee who loses active candidate status to surrender the provisional license to the Board immediately.
69. States that a person is guilty of a class 6 felony who:
a) obtains a license as a genetic counselor by fraud, intentional misrepresentation or deceit; or
b) practices genetic counseling without a license issued by the Board or after the person's license has been denied, suspended or revoked.
70. Deems it is a violation of the genetic counselor regulatory statutes for a person who is not licensed by the Board to use the title licensed genetic counselor or the abbreviation L.G.C. or to use any other words, letters, signs or figures to indicate that the person is a licensed genetic counselor.
Investigations
71. Allows the Board Director to investigate a complaint or any information that indicates that a person is or may be violating the genetic counselor regulatory statutes.
72. Allows the Board Director, in connection with an investigation, to examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a genetic counselor in accordance with the genetic counselor regulatory statutes and the rules adopted by the Board.
73. Allows the Board Director, in accordance with an investigation or an administrative proceeding, to issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence.
74. Allows the Board Director, if a person refuses to comply with a subpoena, to apply to the superior court for an order to compel compliance.
75. States that patient records, including clinical records, medical reports, laboratory statements and reports, files, films, oral statements relating to patient and family histories, evaluations, findings and counseling information that are kept by the Board Director in accordance with an investigation or an administrative proceeding are not public records and are not subject to public records search and copy requirements.
76. Requires the Board Director to keep confidential the names of patients and their families whose records are reviewed during the course of an investigation, administrative proceeding or hearing.
Board Fees and Fund
77. Requires the Board to prescribe in rule and collect fees for all of the following:
a) an initial genetic counselor license application;
b) a one-year provisional genetic counselor license and, if granted, a one-year provisional license extension;
c) a two-year initial genetic counselor license;
d) a two-year renewal of the genetic counselor license; and
e) an application for reinstatement of an expired license.
78. Establishes the Board Fund.
79. Requires the Board to deposit 10 percent of all monies collected by the Board in the state General Fund and deposit the remaining 90 percent in the Board Fund.
80. Subjects
all monies deposited in the Board Fund to legislative appropriation and state
non-revision requirements for self-supporting regulatory agencies.
Rights of Conscience
81. Grants a genetic counselor the right not to participate in or provide any genetic counseling that violates the genetic counselor's conscience.
82. Prohibits a person from taking adverse action against a genetic counselor for declining to participate in a genetic counseling service on the basis of conscience.
83. Prohibits the licensing of a genetic counselor from being contingent on the genetic counselor's participation in counseling or referral in counseling that violates the genetic counselor's conscience.
84. Requires a genetic counselor, if the genetic counselor declines to participate in or provide requested genetic counseling, to:
a) inform the patient in a timely manner that the genetic counselor is unable to provide the requested genetic counseling; and
b) offer to direct the patient to the online directory of licensed genetic counselors maintained by the Board.
85. States that the genetic counselor is not required to provide a referral to a specific provider or entity.
86. Grants a genetic counselor immunity from civil, criminal and administrative liability for exercising the right of conscience with respect to genetic counseling.
87. States the provided immunity does not extend to intentional criminal misconduct or the knowing falsification or alteration of medical records, test results or diagnostic information.
Initial Terms and Board Termination
88. States that the initial terms of Board members are:
a) one term ending September 1, 2028; and
b) two terms ending September 1, 2029
89. Requires the Governor to make all subsequent appointments as prescribed by statute.
90. Terminates the Board on July 1, 2034.
91. Repeals the Board on January 1, 2035.
Miscellaneous
92. Applies the general requirements prescribed for health profession regulatory boards to the Board by including genetic counselors in the definition of health professional.
93. Authorizes genetic counselors to deliver health care services through telehealth by including genetic counselors in the definition of health care providers.
94. Defines terms.
95. Contains a purpose statement.
96. Makes technical and conforming changes.
97. Becomes effective on the general effective date.
House Action
HHS 2/16/26 DP 11-1-0-0
3rd Read 3/4/26 39-14-6-0-1
Prepared by Senate Research
March 23, 2026
JT/ci